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Which Rules Apply When a Flight Is Delayed Within the EU?

Your rights as an air passenger are mainly governed by EU Regulation 261/2004. The purpose of the regulation is to give passengers strong consumer protection in case of travel disruptions.

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When Do the Rules Apply?

A flight is considered delayed when it arrives at the final destination later than the scheduled arrival time. Importantly, it’s the arrival time that counts, not the departure time.To be covered by the EU rules, certain geographic and administrative requirements must be met:

Geographical coverage: The rules apply if you are flying:
  1. From an airport within the EU (regardless of the airline).
  2. From an airport outside the EU to an airport within the EU, provided that the airline is licensed in an EU country (as well as Norway, Iceland, or Switzerland).
Exceptions

If you fly to the EU from a country outside the EU with a non-European airline (e.g., Turkish Airlines from Istanbul to Gothenburg), the EU regulation does not apply, even if the delay is significant.

Ticket type

The rules apply to passengers with tickets available to the public, including tickets purchased through bonus programs or points. They do not apply if you travel for free or on a reduced ticket that is not available to the public (e.g., staff tickets).

Check-in

You must have a confirmed seat reservation and have arrived at check-in on time (usually 45 minutes before departure unless otherwise stated).

Right to service and assistance (during waiting).

If the airline expects a delay at departure, you have the right to assistance after a certain waiting time depending on the flight distance (usually 2–4 hours), and this right to service applies regardless of the reason for the delay, even in ‘extraordinary circumstances’ such as bad weather.

The service should be proportionate to the waiting time and includes:

  • Food and drinks: Meals and refreshments.
  • Communication: The possibility to make two phone calls or send messages.
  • Hotel:If the delay means that you have to wait overnight, the airline must cover the cost of a hotel room as well as transport between the airport and the hotel.
What if the airline does not offer this?

If you are forced to pay for food or a hotel yourself, you have the right to claim reimbursement afterward for necessary and reasonable expenses. Always keep the receipts!

Right to financial compensation for delayed arrival

The Court of Justice of the European Union has established that passengers whose flight arrives at the final destination with a delay of at least three hours are entitled to the same standardised compensation as for cancelled flights.

Arrival time is defined as: The moment when at least one of the aircraft’s doors is opened and passengers are allowed to leave the plane

Compensation levels

The compensation is based on the flight distance, not the ticket price.

  • €250: For flights up to 1,500 km.
  • €400: For flights within the EU over 1,500 km and other flights between 1,500 and 3,500 km.
  • €600: For flights not covered above (mainly long-haul outside the EU).

Note: The amount may be reduced by 50% if the airline rebooks you on another flight that arrives close to the original time (e.g., less than a 4-hour delay on a long-haul flight).

Connecting flight

If you have booked a through journey (a single booking) and miss a connecting flight due to a delay, the delay on arrival at your final destination is taken into account.

If you arrive more than three hours late at your final destination, you may be entitled to compensation, even if the initial delay was less than three hours.

This does not apply if you have separate tickets.

Exceptions: Extraordinary Circumstances

The airline is exempt from paying financial compensation (but not from providing service/food) if the delay is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.

What is usually considered extraordinary?

While you wait for your new flight (if you have chosen rebooking), you are entitled to free services:

  • Weather: Conditions that make flying impossible or close airports.
  • Air traffic control: Strike by air traffic controllers or decisions by air traffic control that limit traffic.
  • Security: Terror threats, sabotage, or political instability.
  • Bird strikes: It is normally considered extraordinary as it is outside the airline’s control.
  • Manufacturing defect: Hidden defects discovered by the manufacturer that affect flight safety.
What is usually NOT considered extraordinary (compensation must be paid):

Before the airline denies boarding to someone against their will, they must first ask if there are volunteers willing to give up their seat in exchange for benefits.

  • Technical faults: Unexpected technical problems arising in daily operations are considered part of the airline’s normal operations and entitle passengers to compensation.
  • Staff shortages / illness: Sudden illness of the crew is not considered extraordinary.
  • Strike by the airline’s own staff: Strikes related to wages or working conditions of the airline’s own staff (including ‘wildcat strikes’) are within the airline’s control and entitle passengers to compensation.
Right to Refund (For Delays of 5+ Hours)

If departure is delayed by more than five hours, you have the right to cancel your journey. In that case, you should be offered a refund of the ticket price for the part of the journey you did not use, as well as for the part you already flew if the trip no longer serves its purpose. If you are in transit, you also have the right to a return flight to the origin as soon as possible.If you choose a refund and decide not to continue travelling, the airline’s obligation to provide assistance (hotel/food) ends at that point.

How do you claim compensation?

If you do not receive the compensation directly at the airport

  • Keep evidence: Save boarding passes, receipts for expenses, and any documentation of the delay.
  • Submit your claim we help you all the way through